This Issue of the Environmental and Planning Law Journal includes the following articles: “The Murray-Darling Basin in Court: Administering Water Policy in the Eastern States of Australia – Administrative and Other Challenges” – Justice Nicola Pain and Georgia Pick; “Landowners’ Appeal of Seawalls Refusal Unsuccessful” – John R Corkill; “Higher and Distinctive Standards for Urban River Protection? Special Purpose “River Laws” and Land-use Planning” – Bruce Lindsay; “Take Care or Beware: Victoria’s New Environmental Protection Regime” – Alice Maxwell; “Serial Environmental Offenders: Putting Penalties into Practice” – Kierra Parker; “Planning vs Planning Law: Reconciling Planning Policy and Case Law in the Victorian Planning System” – Stephen Rowley; and “Climate Change Risk and the Urban Landscape” – Sophie Tepper.
This Part of the Environmental and Planning Law Journal includes the following articles: “Canary in the coal mine: Why the approval conditions for the Carmichael Mine reveal the need to amend the EPBC Act to incorporate adaptive management principles” – Christian Slattery; “Reforms required to the Australian tax system to improve biodiversity conservation on private land” – Fiona Smith, Kate Smillie, James Fitzsimons, Bruce Lindsay, Gary Wells, Victoria Marles, Jane Hutchinson, Ben O’Hara, Tom Perrigo and Ian Atkinson; “Threatened species, endangered justice: How additional maximum penalties for harming threatened species have failed in practice” – Andrew Burke; “The duty to report pollution incidents and regulator image in New South Wales pollution law” – Sarah Wright; “Restorative justice intervention in an environmental and planning law context: Applicability to civil enforcement proceedings” – Mark Hamilton; “Tuna ranching and Australia’s obligations for the conservation and sustainable use of Southern Bluefin Tuna” – Katharine Huxley.
This Special Issue of the Environmental and Planning Law Journal focuses on Rethinking Australian Water Law and Governance, with an Introduction by Guest Editor, Associate Professor Cameron Holley, and Darren Sinclair. This Part features the following articles: “National Water Initiative styled water entitlements as property: Legal and practical perspectives” – Janice Gray and Louise Lee; “Governing water markets: Achievements, limitations and the need for regulatory reform” – Cameron Holley and Darren Sinclair; “Public participation, litigation and adjudicative procedure in water resources management” – Bruce Lindsay; “Reimagining water buybacks in Australia: Non-governmental organisations, complementary initiatives and private capital” – Katherine Owens; “Broadening regulatory concepts and responses to cumulative impacts: Considering the trajectory and future of groundwater law and policy” – Rebecca Nelson; “Water law reform in the face of climate change: Learning from drought in Australia and the western United States” – Barbara Cosens; “Creating the next generation of water governance” – Paul Martin;and “Australia, wet or dry, north or south: Addressing environmental impacts and the exclusion of Aboriginal peoples in northern water development” – Lily O’Neill, Lee Godden, Elizabeth Macpherson and Erin O’Donnell.
This Part of the Environmental and Planning Law Journal includes the following articles: “A new fast lane or just a roadblock? Mitigating road transport GHG emissions under Australia’s Emissions Reduction Fund” – Prafula Pearce and Vanessa Johnston; “Co-opting the precautionary principle: The Victoria Planning Provisions’ ‘one kilometre consent requirement’ for wind energy facilities” – Chiara Bryan; “Holding fracking operations to account for environmental contamination in risk-based regulatory regimes: Insights from the United States” – Tania Murray, Dr Edward Andre and Krishna Prasad; “The drafting and content of threatened species recovery plans: Contributing to their effectiveness” – Bruce Lindsay and James Trezise; “Proactive restorative justice: A set of principles for enhancing public participation” – Clara Wilson. This Part also includes Commentary: “Determining the adequacy of Aboriginal cultural heritage assessments: Amber lights and red lights” – Ballanda Sack, Andrew Beatty and Karina O’Callaghan.
The September 2013 edition of the Environmental and Planning Law Journal includes several interesting articles on different aspects of environmental law. The topics canvassed include the limits and opportunities of law in conserving biodiversity, the rise and fall of Australia’s coastal climate change law, carbon sequestration rights in Australia, strategic environmental assessment in Australian land-use planning, the Carbon Farming Initiative and “risk-based regulation” in environmental governance. There is also a case note on conventionalising climate change by decree.